1992/12/08APPROVED
DecOr 8, 1992
×
Mayor Robert Peters called the meeting to order at 7:10, immediately
following the conclusion of the Special Town Meeting. Present w~re
Deputy Mayors Karen McQuade and T~s Veronesi, Dr. John McIntosh-
Finance Board Chairman, James D'Errico-Director of Personnel and
Purchasing, Attorney E. Timothy Sullivan-Corporation Counsel, Sam
Lcmaglio, Gerald Wilcox, Attorney Bruce Fader-Attorney for Mr.
Wilcox, Sandra JmTes-Hartford Courant reporter, and Janice
Serafino-Secretary.
Approval of Minutes
Mayor Peters moved to accept the minutes of December 1, 1992 as
written, seconded by Deputy Mayor Veronesi. The vote was two in favor
with Deputy Mayor Mc~ade abstaining, as she was not present at the
meeting.
Audience of citizens
Mayor Peters asked if anyone wished to speak at this time. Attorney
Fader referred to a letter he had f~__~_ to Attorney Sullivan
supporting his client, Mr. Wilcox, as the more responsible lowest
bidder for the Berlin High Athletic Track project. Upon conclusion of
his explanation of the content of the letter, Attorney Fader asked if
anyone had ba_~ any question of him. As there were none, no further
discussion ensued. Copy of letter attached.
Personnel/Purchasing Matters
Berlin High School Athletic Track (Tabled)
Mayor Peters moved to remove this it~n from the e~hle, seconded by
Deputy Mayor McQuade, passed unanimously.
Mayor Peters asked t_hat the revised budget transfer re~,_est form for
additional funds for the track project be taken up at this time.
Mayor Peters moved to approve a ~_dget transfer request, su~tted by
William Baccaro, Chaizman of the Park and Recreation Oa,.~ission, to
transfer funds in an amount not to exceed $82,000 from a Special
account under c~ntrol of the Park and Recreation Cc~mission to the
athletic track account, additional funds to be sufficient to hire the
low bidder, seconded by Deputy Mayor McQuade. In the discussion that
followed Deputy Mayor Veronesi asked if this was not out of order
because if the low bidder is not selected, there ~Duld not be enough
funds available. He ~ed that the Board of Finance had said they
wanted the project awarded before approving additional funds.
Mayor Peters responded by saying that the budget request states that if
the amount requested is forthcc~g the bid will be awarded to tb~ low
bidder. Dr. McIntosh said that to award a contract prior to
appr?priating funds is in violation of the Town Charter. The vote was
two zn favor, with Deputy Mayor Veronesi abstaining frc~n voting.
Mayor Peters made a motion that if and when additional funds are
approved by the Board of Finance and a Special Town Meeting, the
contract for the athletic track be awarded to Lc~aglio Construction,
low bidder, in the amount of $472,000, with the project to be ccmple~
by October 1, 1993 and, if not, a penalty of $750 per ~ will be paid
by the contractor to the Town until the project is cc~pleted, seconded
by Deputy Mayor Mc~3ade. The vote was two in favor with Deputy Mayor
Veronesi abstaining fr(m~ voting.
Top Manag~_nt Pay Scale (Tabled)
Mayor Peters asked that this its r~m~in on the table.
Gerald Wilcox and Attorney Fader left the meeting at 7:25 p.m..
Open Blue Collar Positions
Mr. D'Errico said that the interview process for the vacancy in the
Building Maintenance Depa~ ;.,~nt has been ccmpleted and he will present
candidates at the next meeting. He stated that the position in the
Public Grounds/Golf Course Depa~L~nt will be filled after December
31st. The Personnel Director also stated that the prcmotional ex~n
for Maintainer III will be given prior to January 15th.
Mayor Peters moved to add a discussion of the White and Blue Collar
union negotiations to the age~x]a, seconded by Deputy Mayor Veromesi,
passed unanimously. Mayor Peters said he wanted to make it cle_~_r to
the Executive Board that the Town has made every attempt to get off of
square one with both unions, to no avail. Mr. D'Errico said that
they w~re in arbitration with both and they w~uld be meeting on the
White Col~_~r contract the next morning. He and Attorney Sullivan w~re
hopeful to have an arbitration award rendered with this union within
three to four months.
Fire~en's Incentive Pension Program
Mr. D'Errico distributed copies of a letter from the negotiators for
the Fire Departments, sent to the Finance Board, which sta~ed that they
w~re willing to meet with the Board of Finance to discuss alternative
ideas on a pension and possibly ccme to a ccmprc~ise.
Finance Board Secretary: Mayor Peters moved to add the hiring of a
secretary for the Board of Finance to the agenda, seconded by Deputy
Mayor Mcbride, passed unanin~)usly.
Mayor Peters moved to hire Joanne Budzinski, employed by the Town as
a secretary in the Social Services and Senior Center departments, to
act as secretary to the Board of Finance, seconded by Deputy Mayor
Veronesi, passed unanimously.
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Corporation Counsel
Executive Session'. Pen~n~.. Litigation-Underground Tanks (Tabled)
To remain on the table.
Executive Session: New Britain Transfer Station Fees (Tabled)
To remain on the table.
Executive Session: Timberlin G. C. Concessionaire
Attorney Sullivan said there was no need to go into Executive Session
on this matter. He said they had gone to court and w~ne waiting for
the judge's decision as to w~ethar this matter will have to go to
arbitration. Deputy Mayor Mc~_ade stated that she had asked the
attorney for Lisa Genovese for a copy of a letter from her doctor
several weeks ago and still has not received it.
Clinical Supervisor Position
Mayor Peters stated that this position has a salary scale and while
salaries cannot be increased within a fiscal year he questioned whether
the Executive Board had the authority to hire at a salary any where
within that range. Attorney Sullivan said he would need to see a copy
of the scale and have time to research the question. Mayor Peters
moved to table pending a ruling frcm the Corporation Counsel, seconded
by Deputy Mayor McQuade, passed unanimously.
Miscellaneous Zoning Violations
Mayor Peters said that a resident of Sunneadow Drive had ccme in
during the week to ccmpla{_n about conditions on that street. Attorney
Sullivan said that the Town is in court with the developer on zoning
violations. Mayor Peters asked if this was considered a civil zoning
matter, to which the Corporation Counsel replied affirmatively. The
Mayor said he would consider requesting the police handle under State
statutes.
Attorney Sullivan said he would like to address the cut~_nts made by
Attorney Fader earlier in the meeting. H..e._s?id Attorney. Fader was
speaking in terms of c~-~-%~arative responsibility, one being more
responsible than the other. The Corporation Counsel said he felt Mr.
Wilcox had no grounds for a suit against the Town. He said that as a
"jilted bidder" Mr. Wilcox would have to prove the Town had degraded
the integrity of the bid process through such means as fraud,
favoritism or alteration of a bid. Mayor Peters said that the fact
that the original bids had been thrown out on a technicality is proof
of the Town's intent not to do anything that would jeopardize the bid
process.
Old Business
None.
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_.Acceptance of Gifts f~-~-~ Connecticut National Bank
Mayor Peters moved to accept the donation of fire safety and fire
protection items to the Fire Marshal and Fire Departments by
Connecticut National Bank, seconded by Deputy Mayor McQuade, passed
unanimo~ly.
False Alarms
Mayor Peters referred to a news article describing the way some
c~',,,unities handle the rotter of false alarms. He asked that the Board
members and Corporation Counsel read this infon~ation for discussion at
the next meeting. The Mayor said he did not know if the methods in the
article had any merit for Berlin but many businesses are getting hit
with large false alarm fines. He said the ordinance was designed to
protect fire and police personnel but felt perhaps the fine structure
needed to be addressed.
Board and Cc~nissic~ Matters
Mayor Peters moved to ~ Charles Karno, Econcmic Development
Director, to represent Berlin on the new State Central Connecticut
Touri~ District, effective July 1, 1993, seconded by Deputy Mayor
Veronesi, passed unanimously.
Finance
Budget Transfers and/or_ Appropriations
Mayor Peters move to approve a request f~-~, Richard Russell,
Superintendent of Public Buildings, to transfer funds in the amount of
$2500 from Contingency to account 101-2338-121-252 (Contractual
Services), seconded by Deputy Mayor McQ~de. Mayor Peters noted that
Mr. Russell had submitted a read_est last w~ek which the Executive Board
had denied because of the large balance in the account. However, Mr.
Russell realized that he had supplied the incorrect account number on
the first read_est and the Contractual Services has a present balance of
approximately $80.00. The vote passed unanimously.
Miscellaneous Matters for Update and Discussic~
Mobile H~me Park: Mayor Peters stated that the project was moving
forward on schedule. He said that Jim Horbal, Assistant Engineer for
the Town, suggested that the paving be done in the spring rather than
now. The Mayor said be has received a sketch of the proposed sign and
has suhnitted it to Design Review for their approval. Deputy Mayor
Veronesi said he had recei~=d a call fr~m a resident living near the
park who ccmpla~ that the contractor is beginning w~rk at 7:00 a.m.
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on Saturdays. Mayor Peters said there is no ordinance governing when
such work can begin but thought it an unreasonable time to start
working. He said he would have Mr. Horbal speak to the co~tractor
and request his cooperation in beginning at a later hour on weeker~s.
C~,,,.unity Center Negotiating Cc~nittee: Nothing to report.
Mayor Peters moved to add the r~oval of a nan~ from the tax rolls to
the agenda, seconded by Deputy Mayor McQuade, passed unanimously.
Mayor Peters moved to notify the Assessor to remove the name of Edward
Graney, deceased, frcm his files and so inform the Tax Collector,
requesting that taxes in the amount of $680.85 be cancelled, seconded
Mayor Peters moved to add the discussion of a letter fr~ the
Kensington Congregational Church to the agenda, seconded by Deputy
Mayor McQuade, passed unanimously.
The Mayor said he had received a letter frcm Rev. FA~es, Pastor, in
which he stated they would be interested in bidding on the old Senior
Bus should the Town decide to put it up for auction. Mayor Peters said
this would probably be done after the new bus is received aD~ would
favor notifying the Church to suhnit a sealed bid at that t/me.
Mayor Peters moved to add the Board of Education's Six Year Plan to the
agenda, seconded by Deputy Mayor McQuade, passed unanimously.
The Mayor said that on advise of our Finance Director the other five
years of the Board's Plan should be addressed for boD~{_ng purposes.
Mayor Peters suggested a 50% cut in the r~aining years which would put
them into the realistic amounts approved in the past. Mayor Peters
then moved to approve a 50% cut in ~ach of the last five years of the
Board of Education's Six Year Plan, seconded by Deputy Mayor Mcbride,
passed unanimously.
Mayor Peters said that they may be able to reduce the Inland Wetland
Cc~nission's Six Year Plan based on the fact that it looks'as though
the Soil Conservation Service will do a flood study and mapping for the
Town at a cost of approximately $50,000. He said the Town has been
planning for such a study which was estimated to cost considerably
Dr. McIntosh and Sam Lcmaglio left the meeting at 8:25 p.m..
Review of Proposed 1993-94 Budgets
Mayor Peters said he wanted to go on record as saying this is the first
run through the budgets and further cuts may be made if necessary. He
said the Town is facing scme large unanticipated expenditures such as
$80,000 cost for the Police Pension, a 5-15% increase in all utilities
and an increase in medical insurance as the result of major claims in
excess of $100,000. The Mayor stated that should any more such costs
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occur aDd/or should the State cut the level of funding fr~n last year
the Board will have to take another look at the k~_dgets. He said he
would look to cutting new equi~nent and vehicle purchases and new
employees in the hope of reta.~ning employees and services at the
present levels.
The Executive Board approved the following budgets:
Mayor's: Mayor Peters moved it as suhnit~, seconded by Deputy Mayor
Veronesi, passed unanimously.
Tax collector: Mayor Peters moved to approve as amended, seconded by
Deputy Mayor Veronesi, passed unanimously. (no additional hours for
s~,~er help)
Treasurer: Mayor Peters moved to approve as amended, seconded by
Deputy Mayor McQuade, passed unanimously.
Corporation Counsel: Mayor Peters moved to approve as amended,
~conded by Deputy Mayor McQuade, passed unanimously.
Board of Tax Review: Mayor Peters moved to approve as amended,
seconded by Deputy Mayor McO~ade, passed unanimously. (approved four
meetings for the year; retain $35 per meeting for members)
Zoning Ccmmzission: Mayor Peters moved to approve as ~nended, seconded
by Deputy Mayor McQuade, passed uns~ly. (number of meetings to be
sam~ as last year)
Zoning Board of Appeals: Mayor Peters moved to approve as suhnitted,
seconded by Deputy Mayor McQuade, passed unanimously.
Conservation C~.,,.{ssion: Mayor Peters moved to approve as amended,
seconded by Deputy Mayor Veronesi, passed unanimously.
Veterans ~dvisory C~m,.{ttee: Mayor Peters moved to approve as
sukmitted, seconded by Deputy Mayor McQuade, passed unanimmmly.
Design Review: Mayor Peters moved to approve as amended, secoc~ed by
Deputy Mayor MoO,male, passed unanimously. (approved eleven meetings)
Disabled and Handicapped: Mayor Peters moved to approve as sutmlitted,
seconded by Deputy Mayor M~Quade, passed unanimously.
Public Building C~,,~ssion: Mayor Peters moved to approve as
submitted, seconded by Deputy Mayor Mc~:ade, passed unanimously.
St. Paul's School: Mayor Peters moved to approve as amended, seconded
by Deputy Mayor McQuade, passed unanimously. ($50,000 approved, same
amount as in present budget)
Principal Payments-Town: Mayor Peters moved to approve as suhni~,
seconded by Deputy Mayor McQuade, passed unanimously.
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Principal Payments-Schools: Mayor Peters moved to approve as
sut~i~, seconded by. Deputy Mayor McQuade, passed unanimously.
Interest Payments-Town: Mayor Peters moved to approve as suk~itted,
seconded by Deputy Mayor Veronesi, passed unanimously.
Interest Payments-Schools: Mayor Peters moved to approve as sukm~tted,
seconded by Deputy Mayor Mc~;a~, passed unaniaxmlsly.
Mayor Peters moved to adjourn th~ meeting at 8:55 p.m., seconded by
Deputy Mayor F~ade, passed unanimously.
],2/08/92 i4:52
02
Decem.~er 8, 1992
E. Time=by Sullivan, Esq.
Gaffney Law Associa=es
One Liberty Square
New Britain, CT 06051
Re: Town of Berlin
Running Track Contra==
Dear Attorney Sullivan:
As we discussed yesterday, my client, Wilcox Excavating
Cons=ruction Company, Inc., is alarmed a= =he manner with which
=he Town of Berlin is proceeding in 8electing the contractor for
the project. From newswpaper accounts, the town is considering
=he selection of Lomoglio Construction, notwithstanding the
results of the investigations conducted by town officials and
agen=s.
If Lomoglio is selected for this particul&r job, then, based on
public informs=ion &bout Lomoglio'~ apparent inability to handle
a job of the project's scope, =he selection process would be
flawed in view of the law. The city o~ Berlin, therefore, runs
=he significan= risk of facing legal courses of ac=ion to correct
the flaw.
For purposes of this letter, I wish ~o highligh= soma of the
findings of the town agents, as follows:
1. November 10. 1992. le=~er of M.R. Romin~ ~o Mr. James M.
D'Errioo. Purchasin~ Director. Among other items, the ie~tar
sta~ed, ' [ The city of New ~rt=ain ] [ vas ] not ~appy with
their constructio9 performance. ~ ( Paragraph 1.D.~. ) Moreover,
' ... the. M.D.=. ~s very upse= w~=h Che performance of Lomaglio
Construc=~on Company because ~hey are behind in schedule, appear
to be very unorganized, unders=affed, not properly equipped, and
had li=tle regard to Job safety. [The MDC representativeI also
s~aced tha~ Lomaglio was very iow in Chair bid and could not
understand why =hey took i= so low. ' ( Paragraph 1.D.ii. )
Lastly, ' Lomaglio is no longer allowed to Bid for work for
Town of NewingCon." ( Paragraph i.E. )
2. N~vember 17, 1992. memorandum ,o~,_ James M. D'Rrrico. PersqR~l
Director. and Charles Karno. Director of Economic Develo_~ment.
Executive Board. According to =he m~morandum, which was
under=aken for the purpose of allowing the Executive Board
~2/88/~2 ~: 5~ 203-871-2231
B~JCE P. F~DE~, E~.
P~3E 83
able decis£on," Lomogiio's_wo~k
--'--"an enlightened a~d re~s~..~rd was "~ n£gh~aa~e
pe~iu~,-~ .... ~ this companY, _ ~_~=_ ~ a ~ro~ec~ oz ~u~-
work, .[~C] WOUAG -~_~:::~ was $360,000~ o~ ~ve~:~.
· ~C 'S e~~~ ~e G~ve~z ~ ·
[whlc~ ~h~ a~e Y .... e~ ~o handle ~he el_._,__~,~. ~mogl~o
multiple_10c~=~o~~ o~(,471,992.99 which
T~eSe ~indings con=ravens =he r~ir~an=.
· ~e ~o ~he
- ~- ~ oard 'shall let =he pu~c~ ...... =
dder .... ' .... :~- A~-92 is a useful ~ide
public wor~s con=fac=. ~,,-" ~ :hess
... is =he l~es= o .
possessing th~ s~l , ..... ~ _. objective criteria cons~der~n~
o ance of =~a work oa.~ uu ~ .....
per~ ~ ........ ~ ~---cial rigDo~siDiAi=Y." wi~uu~
E~cava=ing Conm=~ction C~pany,
b&~er" in view of this s:a=uto~ definition and after
the Berli~ track work. ~t la
consideripg :he scope of
to ~hasaze that =he ~rack project is a ~peciali=y r~iring
direct, co~eten= experience.
Lastly, I wish =o bring =o your attention the Connecticut
court case of Suiniello Consign!on Co. ~, Ma2chester, 189 Conn.
539 (1983), which ~led that bidders in positions m~llar
Wilcox Construction can bring injunctive relief in order to
Presets the inUegrity of the ~nicipal co~etitive bidding
process. ~ a~ 545.
Thank you for your t~e in considering this mat=er.
Sent by facsimile
cc: Wilcox Excavating Construction Co., Inc.
Executive Board, Town of Berlin